WHO ARE WE?
Gordon, Muir and Foley, LLP (GM&F), a mid size firm founded in 1947, maintains offices in Hartford and East Granby, Connecticut. GM&F is dedicated to providing prompt, reliable and cost-effective legal representation. The firm's objective is to resolve disputes for our clients as expeditiously and cost effectively as possible. While our attorneys are skilled and active in the trial of cases, our attorneys are also adept and experienced in the negotiation, mediation and arbitration processes.
Attorney Renée W. Dwyer routinely represents the day care industry in both premises liability and licensing matters. She assists clients with all aspects of a complaint investigation including representation of clients at compliance meetings scheduled by the Department of Public Health.
More specifically, Attorney Renée W. Dwyer works with clients on corrective action plans, negotiated corrective actions plans, consent orders, responses to statements of charges and license surrenders.
The Department of Public Health has recently published clarifications of the November 6, 2008 regulations affecting child day care centers and group day care homes. DPH clarified some commons sections as follows:
DPH CLARIFIES NEW REGULATIONS
The Department of Public Health has recently published clarifications of the November 6, 2008 regulations affecting child day care centers and group day care homes. DPH clarified some commons sections as follows.
- There is no required format for documenting that new employees have undergone orientation. There is no form for parents to sign documenting that the program has discussed behavior management techniques prior to enrollment, and during enrollment as needed. Each facility can develop its own procedures for documenting this information.
- All potentially hazardous foods, including children's lunches, must be kept below 45 degrees Fahrenheit. If cold packs are used, the child care program is still responsible for ensuring that the food is stored at or below this temperature.
- Hand sanitizer may not be used as a substitute for washing with soap and water before eating, handling food, or after toileting.
- New playgrounds are not required to be inspected at the time of their creation, but DPH may ask a program to provide documentation from a certified playground safety inspector when questions arise about the installation of playground equipment. Programs should therefore, be sure that all new playgrounds and newly installed equipment meet the U.S. Consumer Product Safety Commission and American Society for Testing and Materials Standards.
- A program that does not have program staff to meet the lifeguard requirements, yet wishes to use a public beach or pool, may obtain written verification from the town that all lifeguards meet the specific requirements of the new regulations.
Further information can be found online at www.ct.gov/dph or by calling the Child Day Care Licensing Help Desk at 860-509-8045 or 800-282-6063.
VIDEO PRESENTATION ON CHANGES TO THE REGULATIONS
The Connecticut Department of Public Health is offering a video presentation for individuals who were unable to attend one of the statewide informational forums or those who wish to review, once again, the information presented on the changes to the regulations for child day care centers and group day care homes. To access this video go to www.ct.gov./dph and click on What's New.
MANDATORY DISEASE REPORTING
On February 25, 2009, the Department of Public Health, issued a memorandum containing the 2009 requirements for reportable diseases.
Under Section 19a-36-A3 of the Public Health Code, most reportable diseases require reporting via mail within 12 hours. Serious diseases, however, also require immediate reporting via phone.
Serious diseases that require Connecticut child day care centers to immediately report include Chickenpox involving admission to a hospital or in adults aged 18 or older, measles, and outbreaks of food borne illness involving two or more people.
A complete list of diseases and the 2009 reporting requirements can be found online at www.ct.gov/dph. If you have any questions about reporting, you should call your local health department or the Department of Public Health, Epidemiology and Emerging Infections Program at 860-509-7994.
REMINDERS
- Have you remembered to send to the Child Daycare Licensing Unit copies of new or revised agreements with your consultants?
- Have you discussed behavior management techniques with all parents and documented same?
- Have you developed your employee orientation program for new and current employees?
- Have you reviewed all your consultant's contracts to be sure they meet all the new requirements?
- Have you implemented policies, plans and procedures regarding:
- Child/staff attendance records showing time of arrival and departure;
- Child abuse and neglect;
- Expulsion of children; and
- Discipline of staff?
WANT TO GO GREEN?
If you wish to have this newsletter sent to you via e-mail, please call us or send us an e-mail @ rdwyer@gmflaw.com and we will be happy to save the paper.
This newsletter is published by the firm of Gordon, Muir & Foley, LLP. The views, analysis and developments in the law that are reported and offered in this issue are intended to educate and assist lay persons in recognizing legal problems. They are neither intended as individual legal advice nor offered as a general solution to all apparently similar individual problems. Readers are cautioned not to attempt to solve their individual problems solely on the basis of the information contained herein, and are urged to seek legal advice for answers to specific problems. If you would like further advice regarding this or other related issues, please contact us at 860-525-5361. © 2008 Gordon, Muir & Foley, LLP.
